LAWS(ORI)-2022-11-97

UNION OF INDIA Vs. JANARDAN MOHANTY

Decided On November 23, 2022
UNION OF INDIA Appellant
V/S
Janardan Mohanty Respondents

JUDGEMENT

(1.) The present appeal by the Union of India is directed against the judgment dtd. 17/1/2019 passed by the learned Single Judge allowing O.J.C. No.6319 of 1999 filed by the Respondent. By the said judgment, the learned Single Judge held that the major penalty of removal from service awarded to the Respondent by the Disciplinary Authority (DA) by the order dtd. 29/8/1998 and its confirmation thereof by the Appellate Authority (AA) by order dtd. 19/4/1999 were bad in law and were accordingly quashed. A direction was issued that the Respondent should be reinstated in service with all consequential benefits.

(2.) It appears that the Appellant did not comply with the above directions and instantly filed the present appeal. In the meanwhile, contempt proceedings were initiated by the Respondent. On 7/10/2021 while adjourning the appeal, this Court noted the submission of learned counsel for the parties that they would seek adjournment in the contempt proceedings.

(3.) This Court had heard the submissions of Mr. P.K. Parhi, learned Deputy Solicitor General of India (DSGI) appearing for the Appellant and Mr. Niranjan Biswal, learned counsel appearing for the Respondent. Both of them have filed their respective written notes of submissions as well.